The term “totting up” is used to describe a motoring that accumulates 12 points or more on their driving licence within a period of three years. This is hugely relevant for sentencing as the impact of “totting” can be significant for many motorists due to the lengthy disqualification that can be imposed.
The provisions surrounding “totting” are laid down in the Road Traffic Offenders Act 1988 and it is also this Act that enables us to successfully avoid heft disqualifications on a regular basis.
Totting up is not specific to a certain offence and points can be accumulated from a range of different offences such as speeding, using a mobile telephone, driving without insurance and running a red light (to name some of the most common). Once you accumulate 12 points or more you are subject to a disqualification from driving for 6 months. If you are banned under these totting provisions a TT99 conviction code will be endorsed on your driving licence. This has a massive impact upon the cost of insurance and is one of the most damaging endorsements to have against your record in this respect.
The only benefit that comes from being disqualified as a totter is that it wipes your licence clean of any existing points and allows you to start fresh following your period of disqualification.
Our motor law specialists have extensive experience representing motorists who tot up and the necessary knowledge to prepare an argument that can often result in the licence being saved.
We have an outstanding record of success in this area and would urge you to contact us on 020 7923 4020 to see if we can help you secure on of the following outcomes:
The key to securing successful outcomes from this type of case is thorough preparation of what is called an “exceptional hardship” argument. We must be able to persuade the court that imposing a disqualification of 6 months would result in you (or innocent third parties) experiencing exceptional hardship.
Whilst a ban may cost you your job, the court attaches more weight to the hardship caused to those other than yourself, so the risk of unemployment is not always enough to secure a successful outcome (although we have been able to do just that on many occasions!)
If you are facing a totting up disqualification then we can help you and we urge you to contact us to discuss your case in more detail. The vast majority of our clients are able to drive away from court!
As mentioned previously, preparation is the key to success and instructing Duncan Lewis will ensure that your case is meticulously prepared to present the strongest argument for you in court. Knowledge of the legislation is crucial in forming an argument that is persuasive enough to sway the court to leniency.
If you choose to instruct us, the first stage in your case will be to take a comprehensive statement from you. This statement usually takes between 60 – 90 minutes and our goal is to find out as much about you and your circumstances as we can. The more information we have, the more “ammunition” we can use as part of our argument at court.
Many clients we speak to believe that they do not have a strong enough argument for exceptional hardship until we discuss this statement with them. This is where we truly excel beyond our competitors as we explore every avenue that could help us strengthen your argument at court. Clients are often surprised during this process at how far reaching the consequences of their ban are, which is exactly what the court needs to know.
Following your statement we will provide advice on “corroborative” or supporting evidence that you can collect to assist the argument at court. This will often include key character references, letters from your employer and sometimes bank statements.
Selecting a suitable barrister is also crucial to the success of your case. It is important to remember that regardless of how strong you think your mitigating circumstances are, you are appearing in court because you have likely committed a number of offences within a relatively short space of time. On this basis, the court will likely not be impressed by an indifferent or self-assured advocate. We have worked closely with road traffic barristers for over 10 years and there is a small pool that we instruct on a regular basis to deal with this type of case. We will select a barrister we feel will have the best chance of persuading the court to achieve the best outcome.
Exceptional Hardship is the most widely known method of avoiding a disqualification, however, in our view; this should only ever be used as a last resort. Hardship arguments can only be used once in any three year period, so if you are successful you will have to be extremely careful over the following three years. Any further offence for which you can receive penalty points will land you back in court and make it much more difficult to obtain a good result.
There are many criminal lawyers who do not realise that there are other ways to deal with a “totting up” case and there is specific case law we regularly use to persuade the court to consider other options for sentencing.
There are usually several options available to somebody in a “totting” position and it is important that you discuss your case with us as soon as possible.
If you are facing a six month disqualification due to “totting” then please contact us on 020 7923 4020 for free advice.
We offer representation on a guilty plea basis at £1500 + VAT which includes: